This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.only-whey.com("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
We want you to try and enjoy all our products and keep taking those that ﬁt your goals. Buy any product, and, in the unlikely event you’re not completely satisﬁed, please contact our Customer Service team and we’ll process your return request promptly as per our terms and conditions below:
- INFORMATION ABOUT US
www.only-whey.com is a site operated by Only Whey V.O.F., Het Nieuwe Werk 46, 1781 AL Den Helder, The Netherlands (“we").
- SERVICE AVAILABILITY
We accept orders from all countries however it is the responsibility of the consumer to know the import regulations of the designated country to which Only Whey products are being sent into at all times. This includes but is not limited to, VAT, DUTY, TAX.
- YOUR STATUS
4.1 By placing an order through our site, you warrant that:
4.1.1 You are legally capable of entering into binding contracts; and
4.1.2 You are at least 18 years old.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will conﬁrm such acceptance to you by sending you an e-mail that conﬁrms that the Product has been dispatched (the "Dispatch Conﬁrmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Conﬁrmation.
5.2 The Contract will relate only to those Products whose dispatch we have conﬁrmed in the Dispatch Conﬁrmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been conﬁrmed in a separate Dispatch Conﬁrmation.
- AVAILABILITY AND DELIVERY
Your order will be fulﬁlled by the delivery date set out in the Dispatch Conﬁrmation or, if no delivery date is speciﬁed, then within 30 days of the date of the Dispatch Conﬁrmation, unless there are exceptional circumstances.
- RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Conﬁrmation.
8.3 Our site may contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- OUR REFUNDS POLICY
9.1 We guarantee your satisfaction with our Products and if, for a reason of manufacturing fault, you are not satisﬁed with any Product(s) you purchase, we offer a full refund or exchange policy. This is to ensure your satisfaction at all times with our Products.
9.2 Without prejudice to condition 8.1, you may RETURN AN ITEM PROVIDED THE SEAL IS UNBROKEN, THERE IS NO DAMAGE TO THE PACKAGING AND THE PRODUCT HAS BEEN STORED IN THE RECOMMENDED CONDITIONS. In this case, you will receive a full refund of the price paid for the Product in accordance with our refunds policy. This provision does not affect your statutory rights.
9.3 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notiﬁed us in accordance with paragraph 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via letter or e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case within 30 days of the day we received your cancellation or the day we conﬁrmed to you via letter or e-mail that you were entitled to a refund FOLLOWING RETURN of the Product to Only Whey Supplements representatives.
9.4 If the Product is at fault, or packaging is damaged beyond a salvageable state, we will either refund or replace IN LINE WITH TIMESCALES SHOWN IN 9.3. If however, IF YOU ARE UNHAPPY WITH THE FLAVOUR, we WILL either send an alternative ﬂavour choice (at our sole discretion) or refund upto 20% of the purchase price ONLY upon receipt of the PRODUCT in question, which must be returned to us at YOUR expense.
9.5 If the delivery note says an item should be in your parcel but it isn't, or if you have received an item not ordered, please use our the contact form page to get in touch with us letting us know which item(s) you believe are missing or HAVE BEEN DELIVERED IN ERROR. You have upto 72 hours to inform us of such an error, outside of 72 hours we will not be able to investigate or assist with this claim.
- OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
10.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
10.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or your statutory rights as a consumer.
10.4 We accept no liability for any loss or damage caused by us or our employees or agents:
10.4.1 where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
10.4.2 where such loss or damage is not a reasonably foreseeable result of any such breach;
10.4.3 for any increase in loss or damage resulting from breach by you of any terms of this contract.
- IMPORT DUTY
11.1 If you order Products from our site for delivery outside the EU , they may be subject to import duties and taxes which are levied when the delivery reaches the speciﬁed destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs ofﬁce for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to only-whey.com or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways speciﬁed in paragraph 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufﬁcient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the speciﬁed e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, ﬂood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to ﬁnd a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Conﬁrmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- LAW AND JURISDICTION
These Terms & Conditions of Use shall be governed by the laws of and you agree to submit to the exclusive jurisdiction of the Dutch court.
- INTELLECTUAL PROPERTY
The content of only-whey.com is protected by copyright, trademarks, patents database and other intellectual property rights. You may retrieve and display the content of only-whey.com on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on only-whey.com without written permission from the owner of only-whey.com
- RESTRICTIONS ON USE
You may not use the site only-whey.com for any of the following purposes: disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice gaining unauthorised access to other computer systems interfering with any other person's use or enjoyment of only-whey.com breaching any laws concerning the use of public telecommunications networks interfering or disrupting networks or websites connected to only-whey.com making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with: any claim by any third party that the use of only-whey.com by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; any claim by any third party that the use of only-whey.com by you infringes that third party's copyright or other intellectual property rights of whatever nature; and any ﬁnes or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of only-whey.com by you. Other than claims arising from the use by you of the site to order product(s) in the normal manner
Our products are not intended to treat, cure or prevent any disease, nor is the information supplied in any of our magazine/catalogues intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking any medication, please consult your doctor or pharmacist before taking supplements within the Only Whey product range. Please comply with on pack usage instructions at all times. If you experience an adverse reaction, stop taking the supplement and seek immediate medical advice.
- THIRD PARTY LINKS
We may provide links to other web sites or resources from time to time. Any such link to other web sites or resources is not an endorsement of such web site or resources and you acknowledge and agree that we are not responsible for the availability of and content on such web sites or resources.